Drunk Driving Trial Cross Examining the Officer on the Datamaster DMT Breath Test

You can always tell the experience level of a criminal defense attorney by how well they cross examine the operator of the Datamaster DMT breath test machine.  It is unbelievable how many self professed drunk driving lawyers simply allow the breath test operator to testify unopposed, or simply stipulate to the results of the machine.  This of course is tantamount to ineffective assistance of counsel and it is not the way to win an operating while intoxicated trial in Oakland County.

Here is an excerpt of a cross examination of the Datamaster operating in recent operating while intoxicated victory that drinking and driving trial lawyer Jim Amberg conducted.  Although the video does not show Jim as he crosses the officer, you can hear him repeatedly hammer the officer on the error rate of the Datamaster.  This particular officer did not want to admit that the machine had any error rate, yet he had to admit that when there is a fatal accident, the officer doesn't take the suspect in for a breath test, the suspect is taken in for a blood draw, the most accurate of the alcohol tests.

The craziest part about this is that most criminal lawyers would have stipulated to the officer's testimony.  By challenging the officer, Jim secured an aquittal on a second offense operating while intoxicated in a case that involved somebody falling off of a motorcycle on M-59 in Waterford.